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Wednesday, November 22, 2006
Kathryn Jean Lopez :: Townhall.com Columnist
Who will protect marriage in 2008?
by Kathryn Jean Lopez
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The 2006 midterm elections may be over, but they are worth taking another look at before we become wedded to the wrong conclusions.

Marriage was an issue on the ballot in eight states and was a winning issue in all but one. Voters in Virginia, Tennessee, South Carolina, Wisconsin, Colorado, South Dakota and Idaho all voted to protect marriage.

Although some prominent voices have highlighted marriage as a distraction issue that hurt Republicans in the long run, the GOP would be wise not to rush to divorce court.

Matthew Spalding of the Heritage Foundation says: "The recent elections confirm a strong nationwide consensus that favors protecting marriage and opposes its judicial redefinition. The challenge is to translate that political consensus into a constitutional consensus in the face of increased congressional intransigence. The best way to do that is to make sure marriage is not only an issue but also a strategic component in the 2008 electoral map, which now includes the fact that over half of the states have protected marriage in their constitutions."

An embrace of the marriage-protection issue on the right could put Massachusetts Gov. Mitt Romney in a good position for the 2008 presidential primaries. As Republican governor of that liberal northeastern state, he's tried pushing back against gay marriage, in the one state where it has -- thanks to the courts -- become legal.

As his term was winding down post-Election Day, the state legislature there recessed a long-promised constitutional convention until Jan. 2, the last day of the legislative session.

At a subsequent marriage-protection rally on the Massachusetts statehouse steps, Gov. Romney voiced his outrage at legislative complicity in judicial tyranny. He said, "Last week, 109 legislators decided to reject the law, abandon the Constitution, and violate their oath of office. For the Constitution plainly states that when a qualified petition is placed before them, the legislature 'shall' vote. It does not say may vote, or vote if its procedures permit a vote, or vote if there are enough of the members in attendance. It says 'shall' vote." Continued...

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About The Author
Kathryn Jean Lopez, editor of National Review Online, writes a weekly column of conservative political and social commentary for Newspaper Enterprise Association.
 
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Subject: Benefits versus societal acceptance
Thank you all for what is, by in large, a thoughtful discussion.

On Wed., 11/12/06, 11:55 PM, cal in minneapolis wrote the following: "Gay marriage is only about giving homosexuality a stamp of approval. Gay activists aren't really interested in marriage benefits. They just want acceptance into mainstream society. And they will stop at nothing until the church is silenced, because they don't want anybody saying that their behavior is wrong."

Initially, I'd like to clarify that this subject is really two subjects: (1) an effort to define marriage as between a man and a woman, and (2) more insidious efforts to take away contractual rights, property rights, etc., as is the case with the recent Constitutional Amendment in Virginia. Some states have only gone so far as to vote into law (1), but have not gone so far as to go after (2).

An example of (2): "Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."

What has me so upset? What makes me question whether this is a free country? The part that says "or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." Legally speaking, this is extremely broad language that touches on many aspects of my life that have nothing to do with anyone else's marraige, raising children, a so-called "stamp of approval," etc.

I simply want to live my life, pay my taxes, be a good citizen and have certain assurances that my partner will be able to visit me in the hospital if I am sick and vice-versa, that I can leave my property to my partner and my parents and brother's family in a proportion of my choosing, and I want to be able to own property jointly with my partner.

As a gay man in a relationship for 8+ years, I can't speak for everyone, but I can speak for myself, and I wholly disagree with cal in minneapolis. I honestly don't need or care for anyone else's stamp of approval. I do care when the government tries to meddle in my private affairs by saying that I don't have basic rights to contract, hospital visitation, naming beneficiaries in my will, etc.

What has happened in this debate, as best as I can tell, is that many are wrapped up in the emotion of marriage between a man and a woman and a fear that only a man and a woman can be "married" in the eyes of the law. But, I think what some have lost sight of is the basic U.S. Constitutional protections that all Americans deserve, regardless of their sexual orientation.

I think, for the next 10-20 years, "full marriage" for gay couples will not be available in a large majority of the states, and while I accept that political reality, I don't see why we can't agree to reinforce the concept that all people are entitled to basic protections, particularly the right to government enforcement of private contracts.

Even though Virginia has attempted to take these rights away from me, I have faith in the courts, particularly the U.S. Supreme Court to recognize that the recent measure passed in Virginia goes too far.

We shall see.

gary
We're not the ones reaching out for the absurd here. Two husbands cannot be in the same marriage - to think otherwise absurd.
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